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Wednesday, October 12, 2016

Berrien County, Georgia, Sheriff Sentenced for Using Excessive Force Against Handcuffed, Non-Resistant Arrestees

Former Berrien County, Georgia, Sheriff, Anthony Heath, 45,
was sentenced to 30 months in prison and three years of supervised relief, for
using excessive force against two non-resistant arrestees.Principal Deputy Assistant Attorney General
Vanita Gupta, head of the Justice Department’s Civil Rights Division, and
Acting U.S. Attorney G.F. Peterman III of the Middle District of Georgia made
the announcement.

On June 29, 2016, Heath pleaded guilty to two counts of
violating an individual’s civil rights.He was sentenced today by Senior U.S. District Court Judge Hugh Lawson
of the Middle District of Georgia.

According to Heath’s guilty plea, on Jan. 12, 2012, Sheriff
Heath and several deputies from the Berrien County Sheriff’s Office (BCSO)
engaged in an extended foot chase of an individual identified only as M.V., who
they were attempting to arrest.A BCSO
deputy eventually saw M.V. in the woods and arrested him without incident.When a deputy reported to Heath that M.V. was
in custody, the sheriff ordered deputies to hold M.V. in the woods until he
could get there.When Heath arrived,
M.V. was lying face-down on the ground, with his hands cuffed behind his back,
and was not resisting arrest.Nevertheless, Heath kicked M.V. in the ribs, punched him in the head
with a closed fist multiple times and forcefully kneed him in the ribs multiple
times, causing M.V. to suffer pain and have difficulty breathing.Heath bruised his hand punching M.V. in the
head.

During a separate incident, on Oct. 14, 2014, Heath
repeatedly punched and kicked another arrestee identified only as J.H., even
though J.H. surrendered, lay down on the ground and did not attempt to flee or
threaten anyone at any point after his arrest.Heath punched J.H. with sufficient force to cause his own hand to become
swollen and bruised.Heath’s punches
caused J.H. to bleed from his mouth and to feel pain.As a result of his conviction, Heath was
removed from his position as sheriff.

“When Heath beat compliant, handcuffed arrestees, he abused
the public’s trust and did a disservice to his fellow colleagues in law
enforcement, the vast majority of whom do their jobs with honor and integrity,”
said Principal Deputy Assistant Attorney General Gupta.“The Justice Department will continue to
ensure that law enforcement officers protect the rights of all individuals in
their custody.”

“The Sheriff is the chief law enforcement officer in his
county,” said U.S. Attorney Peterman.“His duty to ‘serve and protect’ extends to the arrestees just as much
as it does to the rest of the community.His victims are not just those he assaulted in this case, but include
the legions of good, decent law enforcement officers who will have to live
under the shadow of mistrust his actions have created, as well as the good
citizens who have had their faith in law enforcement challenged by those
actions.”